I know what the constitution says, I'm talking about the practical reality of Presidential conformations. They always get what they want. How else do you explain Ashcroft as attorney general. The man lost this last election to a dead guy. How bad do you have to suck for that to happen?

How many have ever been rejected in the past? 0.001%? Thats getting what you want regardless of what the Congress wants. If it was any different it could create a constitutional crisis at some point, Congress dictating who the President can work with?

How many have been filibustered? none. wellll until today

You said "It's the president's call. He gets to pick who is in his cabinet, not the Senate". That is false. You now know what the constitution says, but you apparently did not earlier tonight.

If it's such a slam dunk under normal circumstances, it appears Obama made a really shitty pick, and maybe should have done a little vetting of his own before he did it.